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(영문) 인천지방법원 2012.10.23 2009가합3469
부당이득금반환 등
Text

1. The defendant,

A. Plaintiffs 1, 4, 6, 8, 11, 16, 19, 21, 23, 25, 31, 34, 39, 40, 42 through 44, listed in the separate list of Plaintiffs.

Reasons

1. Facts of recognition;

A. On July 27, 199, the Minister of Construction and Transportation (hereinafter “instant project district”) designated and publicly announced a housing site development project of the zone C as a planned area (hereinafter “instant housing site development project”) (NoticeD of the Ministry of Construction and Transportation), the head of Incheon Metropolitan City on April 10, 200 (Notice E of Incheon Metropolitan City), the designation of a planned housing site development district, the alteration of a housing site development plan, and the implementation plan on February 20, 207 (NoticeF of Incheon Metropolitan City), the alteration of a housing site development plan and implementation plan on February 29, 207 (Notice G of Incheon Metropolitan City), the alteration of a housing site development plan and implementation plan on December 29, 208 (Public Notification G of Incheon Metropolitan City), and the alteration of a housing site development plan (Public Notification of Incheon Metropolitan City) on December 29, 201, and the alteration of a district unit plan on September 20, 2010.

B. The Korea National Housing Corporation (the defendant succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter the same applies without distinguishing between the Korea National Housing Corporation and the defendant) which is the executor of the housing site development project in this case, shall make a special supply of the site for detached houses within the project district in this case as part of relocation measures against the persons who would lose their base of livelihood due to expropriation of the housing or land, etc. due to the housing site development project in this case. From June 4, 2007 to July 20, 2007, the sale contract was concluded with each of the following items in attached Table (3) of the calculation table of unjust enrichment in attached Form (4), (5), "land number", and "area of supply" column in attached Table (the sale contract was adjusted according to the area of the relevant site for detached houses).

C. The plaintiffs' status and payment of the purchase price.

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